Whitehorn

Whitehorn v. Federal Communications Commission

Good Law
63 F. App'x 346
United States Court of Appeals for the Ninth CircuitMay 14, 2003No. 02-17383; D.C. No. CV-02-00522-PMPCalifornia358 words

Opinion

Lead Opinion

MEMORANDUM **

Jack R. Whitehorn appeals pro se the district court’s judgment dismissing his action alleging violations of the Federal Tort Claims Act (“FTCA”) and 42 U.S.C. §§ 1988 and 1985 in connection with the Federal Communication Commission’s (“FCC”) transfer of two radio licenses. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6), Arrington v. Wong, 237 F.3d 1066, 1069 (9th Cir.2001), and may affirm for any reason supported by the record, Tanaka v. Univ. of S. Cal., 252 F.3d 1059, 1062 (9th Cir.2001). We affirm.

The district court properly dismissed as time-barred Whitehom’s claims under the FTCA because his cause of action accrued more than two years before he filed the present action. See 28 U.S.C. § 2401 (b); Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir.1984) (explaining that claimants must comply with both two-year and six-month limitations periods).

Likewise, the district court properly dismissed as time-barred Whitehorn’s 42 U.S.C. §§ 1983 and 1985 claims pertaining to the transfer of the radio licenses. See Taylor v. Regents of the Univ. of Cal., 993 F.2d 710 , 711-12 (9th…

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